HomeMy WebLinkAbout6/5/2002 - STAFF REPORTS (3) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 3, 2002
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, April 3, 2002, at 5:00 p.m., at which time, the City Attorney announced items
to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open
session.
ROLL CALL: Present: Councilmembers Mills, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Reverend Jerry
Johnson — Lily of the Valley Church
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on March 29, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: None.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for
the purpose of convening as the Community Redevelopment Agency; after which,
members reconvened as the City Council.
PUBLIC COMMENTS:
Karen Hudon, 2320 Palermo, requested Council review of a single-family residential
construction at 820 Olivera; in that neighborhood, vistas are being blocked.
Wayne McKinny MD, 616 Cameo Dr, stated that help is needed for the poor and
homeless in the City; that a proposal has been brought forward to convert the JC Frey
Building into a usable building for feeding the homeless by way of CDBG grants to
renovate the building; that when the food program is not being administered, other non-
profit groups could also use the building; and that an area on the side of the building
could be shielded for use of picnic tables.
Bruce Johnson, 1219 Primavera Drive, stated that action does need to be taken on the
Biltmore Hotel; that six months have passed since the Council's directive and that the
building and property should be abated.
Dolliah the Black Dahlia, stated that a claim against the City had been filed in the
amount of$251,000 regarding the dry-cleaning of a wedding gown.
Thomas Van Etten, 1379 Barrymore, stated that accusations had been made regarding
his previous comments to the Council; and that in fact, he and his partner have been
awarded and featured in many magazines. G
1
Council Minutes
04-03-02, Page 2
Brenda Willhide, 2786 Tahquitz Canyon, stated that the business owner of the Saloon
should be compensated for his business loss and relocation; that the City is spending a
lot of funds on a matter that could be resolved through a reappraisal.
Mr. Garland Weary, Palm Springs, stated that the City should monitor its special events,
and questioned any data that was collected; that the City does depend on tourism; and
that it must be sure the right message is being portrayed.
Jim Ferguson, stated that on behalf of Kurt and Anna Haagstrom, the City should enter
into a lease for the Tennis Center; and by doing so, will allow the City to have a
profitable Center in the Community.
APPROVAL OF CONSENT AGENDA: Items 1 thru 12.
It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried,
that Items 1 thru 12, excluding 7, be adopted.
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
Councilmember Oden stated that item 3 should be supported, but for the future it would
be best if the artwork were freely accessible by the public.
1. Approval of Minutes of March 13 & 26, 2002.
2. MO 7036 rescinding Minute Order 7013 approving Amendment #1 to A4235 for
increased architectural design services for the expansion of the airport fire
station. Mills Abstain.
3. MO 7037 approving Amendment #1 to A4266 with Chihuly, Inc., to extend the
option for purchase of Chihuly artwork located around the interior fountain at the
airport to July 1, 2002,
4. MO 7038 approving agreement with the County of Riverside for Colmac Grant
funding to assist in the purchase of 5 CNG fueled vehicles, total award $50,000.
A4468.
5. MO 7039 approving Amendment #1 to A3865 with Building Industry Association
for the installation and maintenance of offsite directional signs for a term of
March 31, 2006.
6. MO 7040 approving purchase from 3M for 54 new traffic signal emitters for use
on police patrol vehicles for $57,894.08.
7. SEE EXTENDED CONSENT AGENDA
8. MO 7041 approving supplemental agreement (008-M) with CalTrans for
preliminary engineering design of Indian Canyon Drive Widening (Garnet to
railroad bridge) to 6 lanes for $35,000, total City match of $4,014. CP01-11
A1459.
Council Minutes
04-03-02, Page 3
9. Res 20298 accepting a portion of Baristo Road and Indian Canyon Drive street
improvements of Parcel Map 13574 into the City street system.
10. MO 7042 approving agreement with Contreras Construction Co., for Ruth Hardy
Park sidewalk improvements, Bid Schedule A, for $17,835. CP01-28. A4470.
11. MO 7043 approving the plans, specifications and working details and authorizing
advertisement for the construction bids for the 1999-00 PM-10 Control Measure
Paving Project. CP99-21.
12. Res 20299 and 20300 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 974363 Tenet Business Related
Reller-Spurgin 974352 Spurgin Spouse
EXTENDED CONSENT AGENDA:
7. SEPTEMBER 11 AFTERMATH IN OUR COMMUNITY
Recommendation: That the Council approve an agreement with County of
Riverside, Department of Public Social Services/Community Action, for the
Human Rights Commission to conduct a community dialogue entitled
"September 11 Aftermath In Our Community: Preparing For The Future", at no
cost to the City. A4469.
Public Information Officer reviewed the staff report.
Debra Jackson and Marie Horez, representing Riverside County; stated that
Riverside County Community Action Committee will be the lead agency for the 9-
11 issue; that there has been good response thus far from the forums; that it is a
family event that will be held not only in Palm Springs, but in Riverside and
Hemet; that the Human Rights Commission will coordinate the effort for the City,
and that the flyers are in process.
Councilmember Oden expressed appreciation that the City was selected to host
the forum.
Minute Order 7044 as recommended was presented; after which, it was moved
by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7044 be
adopted.
PUBLIC HEARINGS:
13. 2002-03 COMMUNITY DEVELOPMENT BLOCK GRANT
Director of Community & Economic Development reviewed the staff report and
added that the entitlement was down due to the census; that Palm Springs did
not grow as anticipated which resulted in a 3% decrease in funding
Councilmember Oden questioned the source for the reprogrammed $40,000.
Council Minutes
04-03-02, Page 4
Director of Community & Economic Development stated the funding was
originally slotted for Desert Aids; that the funds were not used and rolled over to
this year's allotment to be used by that Agency for capital improvements.
Mayor declared the hearing open.
Lynne Bushore, Library Chair, stated that the library did request a grant of
$15,300 to fund the Literacy Program at Desert Highland Center; and asked that
the Council approve this request.
Bob Marre, CEO of the Desert Healthcare Foundation, stated that the
Foundation is thankful for the $15,000 grant to help fund the Smile Factory
Program, which is a mobile dental office for children from low-income
households.
Phillip Kaplan, ADA Coordinator for the City of Palm Springs, stated that the
$51,750 grant will fund improvements at Demuth Park to make the picnic area
accessible for mobility challenged citizens; and that the funds will also provide
new modular restrooms that are vandal resistant and ADA compliant.
Bob Swoboda, Palm Springs Youth Center, requested approval of the request of
$31,750 to re-roof the building, which will conserve energy and decrease the
operating costs.
Wayne Fleisher, Program Director for AIDS Assistance Program, stated that
$22,500 was approved for Food Vouchers this year, however, the funds are just
being delivered from last year's approved grant.
Sister Georgette Kahill, stated that good relationships have been established
with the Palm Springs Fire and Police Departments; that they help so much at
Christmas and all through the year; that Nightengale Manor is at capacity, with 2
or 3 families on the waiting list, and the $10,000 grant will help fund temporary
shelter through motel vouchers, and then permanent housing, if available.
John Brown, stated his appreciation for the grant of $246,820, to renovate their
facility with exterior safety and landscape improvements, including new
sidewalks along Vista Chino and Sunrise Way; that they will combine last year's
grant of $40,000 with this year's allocation, and undertake a much needed
project; that they feel it is smarter to request funds in a 2 or 3 year cycle, rather
than small amounts each year, and then have to wait until enough is put aside to
start and finish a larger project; that they do not expect this high of an amount
every year.
Lewis Porter, Palm Springs Adult School, stated that the requested funds will
cover job training in television and video production techniques; and that the
students assist with the broadcasting of various City Meetings over public access
Channel 17.
Mayling Fong, Fair Housing Council, stated that they were hoping for a few more
dollars in this year's grant; that the Fair Housing Council helps the community in
many ways; that the request was for $30,000; $29,000 was approved, and asked
the Council to consider the approval of the extra money.
Council Minutes
04-03-02, Page 5
Margaret Roades, City Librarian, state her request to restore the $15,300 for the
Literacy Program at the Desert Highland Unity Center.
There being no further appearances, the Mayor declared the hearing closed.
Councilmember Reller-Spurgin stated she would have to abstain on number 8,
under the Public Facilities and Improvements Category, as she is now employed
by the Mizell Senior Center.
City Attorney stated the only way Councilmember Reller-Spurgin could abstain
on just a single item from the report, is to have the Council discuss and vote on it
separately.
It was moved by Oden, seconded by Mills, and unanimously carried, Reller-
Spurgin abstaining, to have a separate vote on the Mizell Senior Center grant
request.
Resolution 20301 as recommended was presented; after which, It was moved by
Oden, seconded by Mills, and unanimously carried, Reller-Spurgin abstaining,
that R20301 be adopted.
Councilmember Oden questioned the reason for denial of the Desert Highland
request for funds.
Community Development Administrator stated the application was incomplete,
that the Committee was sensitive to the need, but there simply was not enough
information to consider funding the request.
Director of Community and Economic Development stated that under the
Community Redevelopment revitalization program funds will be added to
enhance the program; that there must be formal request on the application in
order for justification to HUD.
City Manager stated that the Committee did meet and make recommendations;
that the intent was a transition of program to assist groups in need.
Mayor stated that the process is pressured; that a decision has to be made at
this meeting; that if a decision is not made, a Special Meeting must be called;
that it would be best for the Council to have a chance to review the
recommendations with discussion before being required to vote on the matter.
City Manager stated if a Member has a specific request, the staff will work to
fulfill the desire.
Councilmember Mills stated that some of the programs involve construction and
that staff should monitor the project to be sure that all standards of the City are
met.
Councilmember Oden stated that it seems that repetitive groups request the
funding and the question needs to be why; that the purpose of the funds is to
help the groups to get on their feet, not to sustain yearly operations.
Council Minutes
04-03-02, Page 6
Committee Chairwoman, stated that after the major funding was allotted, the
balance of funds was distributed to try to bring in new programs for the City; that
the Committee is working to stay away from the funding becoming an entitlement
to a group; that each program was reviewed to determine the greatest need; but
that in the future, greater direction is needed from the Council to the Committee.
Resolution 20302 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20302 be
adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
LEGISLATIVE ACTION:
14. METRO LINK— RIVERSIDE LINE RIGHTS
Recommendation: That the Council support priority treatment of Metro Link's
Riverside Line by Union Pacific Railroad.
Mayor stated that the proposed resolution is affirming priority access to
passenger lines; that ridership is in jeopardy due to the rights being given to
freight; and added that all Cities in the Valley are being asked to support the
Resolution.
Resolution 20303 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills, and unanimously carried that R20303 be
adotped.
15. SPECIAL ASSESSMENT AND COMMUNITY FACILITY DISTRICT MUNICIPAL
BOND FINANCING POLICY
Recommendation: That the Council adopt policy and procedure regarding
municipal bond financing for selected development projects and make revision to
the Policies and Procedures for Special Districts and Mello-Roos Community
Facility District Financing Programs.
Director of Finance & Treasurer reviewed the staff report and added that if
approved, the policy would be citywide.
Councilmember Oden stated that there have been many difficulties in the past
with Mello-Roos; that this is an item that causes concern; that there are distinct
advantages for the developer, but this method is not always good for the buyer;
that many do not understand when buying what is involved; that this particular
mechanism is not needed in the City; and that it is one that will not be supported.
Councilmember Mills stated that this is a vehicle to assist development, that the
Council could condition the approval to require all developments that have Mello-
Roos come back to the Council for approval; that the condition would allow for
individual consideration of each project; that Mello-Roos is an incentive to
Council Minutes
04-03-02, Page 7
develop housing; that all advertising of the development is required to list it is a
Mello-Roos project; that the Council should require all advertising to state the
development is Mello-Roos; and that would be informative to the buyer.
City Attorney stated that it is not the development of a Mello-Roos project that
has caused concern, but rather the real estate marketing of the homes; that
buyers have been resistive to buying Mello-Roos due to experience in the early
90's; that the mechanism did create a disincentive for buyers; that as long as the
buyer is aware of the district and that the developer is required to advertise the
development as Mello-Roos, then the choice becomes the developers on
whether to use the district; that the district is an economical way to do
infrastructure; that up to this point, the City had a policy not to allow Mello-Roos;
that before the Council are defining guidelines that the developer must follow for
use of the district; and that the approval merely creates an opportunity of choice
for the developer.
Councilmember Mills stated that the biggest concern is disclosure; that in some
cases an impound account is created; and with the transfer of ownership, the
estimated monthly costs are disclosed; and questioned if there are any tax
consequences for the City with the implementation of Mello-Roos.
Director of Finance & Treasurer stated that it is a property tax and is on the tax
bill.
Councilmember Mills stated that this is another vehicle to assist in bringing
development to the City and an incentive to bringing the development in.
Councilmember Oden stated that all members on the Council are for economic
development, but that Mello-Roos does have a bad track record and that one
should be leery of a program that has such a negative connotation.
City Attorney stated that the City could authorize a prepared form to be attached
to the policy disclosing Mello Roos that would be required to be furnished to
potential buyers.
Councilmember Mills stated that the language of the resolution should be
modified to include that all advertising is required to note it is a Mello-Roos
project and include an explanation of what Mello-Roos is; that by doing so,
should encourage the buyer to ask questions; and that with each consideration
of a project it could be required to include the advertising program for Council
approval.
Mayor questioned if the intent is to require all advertising to explain what Mello-
Roos entails.
Councilmember Mills stated all text advertising.
Council Minutes
04-03-02, Page 8
Councilmember Oden stated that the revisions are appreciated, but that this
particular Council may not always be in place; that it is the program itself that is
questionable and cannot be supported.
Resolution 20304 as revised, to include inclusion of the explanation of Mello-
Roos in all advertising and that a disclosure form, outlining the impact of Mello-
Roos be included in buyers information was presented; after which, it was moved
by Mills, seconded by Reller-Spurgin and carried by the following vote that
R20304 be adopted.
AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: None.
16. ORDINANCE FOR SECOND READING &ADOPTIONS (Intro 3-20-02)
City Clerk read Title of Ordinance 1608 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES
after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, that further reading be waived and Ordinance 1608 be
adopted.
17. TRAMVIEW ROAD STREET AND SEWER IMPROVEMENTS
2001-02 BUDGET AMENDMENT
Recommendation: That the Council approve an agreement with G & M
Construction for the Tramview Road Street and Sewer Improvement Project, Bid
Schedules A and B, for $388,750; and amend the budget in the amount of
$160,000, thereto. CP01-19. A4471.
City Manager reviewed the staff report, no further report was given.
Minute Order 7045 as recommended and Resolution 20305 amending budget
were presented; after which, it was moved by Reller-Spurgin, seconded by Oden
and unanimously carried, that MO7045 and R20305 be adopted.
18. STATE OF CALIFORNIA CAL-CARD PROGRAM
Recommendation: That the Council approve participation with the State of
California Cal-Card program, including Amendment#1. A4472.
City Manager reviewed the staff report, no further report was given.
Councilmember Oden stated that the project was initially met with opposition and
that now after thorough review the Council is eager to move ahead.
Minute Order 7046 as recommended was presented; after which, it was moved
by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7046 be
adopted.
Council Minutes
04-03-02, Page 9
19. ADDITIONAL LEGISLATIVE ITEMS:
19A. DOWNTOWN PARKING STRUCTURE
Recommendation: That the Council approve an agreement with Michael E.
Fontana and Associates for project owners representative services for $88,500;
and Turner Construction Company for construction management services for
$499,600, both related to the Downtown Parking Structure project. A4473,
A4474.
City Manager reviewed the staff report and requested the item be approved
subject to City Attorney final language approval of the contracts.
Director of Downtown Development stated that the recommendation is the best
to move the project on a fast track and is the most cost efficient; that the time
line for the project is tight and is key to keeping the project in budget; that using
an owners representative is a time tested way to do construction of this
magnitude and will be the best way to meet the objectives of the Council.
Minute Order 7047 and Minute Order 7048 as recommended were presented;
after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, that MO7047 and 7048 be adopted.
1913. PALM SPRINGS TENNIS CENTER LEASE
Recommendation: That the Council consider an agreement with Plaza Tennis
Club for lease of the Palm Springs Tennis Center. A4475.
City Manager stated that it is recommended the Council approve the lease as
presented.
City Attorney stated that there will be no costs by the City; that improvements will
be made by the Haagstroms; that the lease does include maintenance, utilities
and rent to the school district; that there was some concern with competitive
tennis operations in the area; and that those concerns have been addressed.
Mayor questioned Exhibit E and whether the Agua Caliente Band of Cahuilla
Indians donation was figured into the expense.
City Attorney stated that the Haagstroms were operating in a location that is
being bought by the Tribe; that the Tribe wants to contribute to this lease to help
with the transition; that the Tribe has agreed to pay $1,500 a month toward the
lease payment until October; and that the Tribe has also agreed to make a
contribution toward capital improvement costs.
Mayor stated that the concern is that the Exhibit calls for $100,000 in capital
improvements; that if for some reason the Tribe does not contribute the $50,000
there would be an expectation for the Haagstrom's to fund the full amount and
that should be expected from the operator.
City Attorney stated that there is confidence the situation will work out, but that if
an issue arises, the matter will come back to the Council for consideration.
Council Minutes
04-03-02, Page 10
Councilmember Oden expressed appreciation to Councilmember Reller-Spurgin
for working to bring two groups on opposite ends together; that the lease before
the Council would not be there without the efforts by Councilmember Reller-
Spurgin; and that the proposal by the Haagstrom's does address no subsidy by
the City and that does address a major concern.
Councilmember Reller-Spurgin stated that the negotiations did take some time,
but that the end result is that the taxpayers will not subsidize a for profit
business; and that the lease is a win-win for the parties involved.
Minute Order 7049 as revised, subject to City Attorney final contract language
was presented; after which, it was moved by Reller-Spurgin, seconded by Mills,
and unanimously carried, that MO7049 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
20. Council Liaison appointment for the Tribal Alliance of Sovereign Indian Nations
Working Committee. Mayor - designate and Mills - alternate.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 1, 2002
A Regular Meeting of the City Council of the City of Palm Springs, California, was called
to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, May 1, 2002, at 5:00 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Hodges, Mills, Reller-Spurgin, and Mayor
Kleindienst
Absent: Councilmember Oden
The meeting was opened with the Salute to the Flag, and an invocation by Reverend
Andrew Green - Church of St. Paul in the Desert
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted
in accordance with Council procedures on April 26, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Nancy Fritzel, Librarian 1966-2002.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for
the purpose of convening as the Community Redevelopment Agency; after which,
members reconvened as the City Council.
PUBLIC COMMENTS:
Marilou Rogers, 1725 N. Via Miraleste, stated as a member of the Board of Hospitality
Association, the expansion of the Convention Center is highly approved; that it is further
urged to move forward to the downtown parking project; that the hoteliers and retailers
are looking forward to increased economic benefits from the project and expressed
appreciation to the Council for commitment to attend the Best of the Best Awards dinner.
David Lynch, 1111 Tahquitz Canyon Way, stated that when Council approves the
contracts concerning the parking garage, it should include bonus and penalty fees; and
that the City should hire a deputy city manager to oversee the project.
Dean Stephen-Kaufman, Human Rights Commission, stated that the public is invited to
a forum to be held on Monday, May 06, 2002 at 6 - 8 p.m., at the Convention Center
concerning the "Aftermath of 9-11".
Robert Lyons, HNTB, stated availability for any questions regarding item 14.
Council Minutes
05-01-02,Page 2
Dwayne Dorbow, expressed appreciation for voter support of Measure E regarding the
Convention Center, and added the Council does need to act quickly; that there have
been conventions lost due to the size of the Center; and the Wyndam Hotel will be
renovating its facilities also.
Tom Huff, item 19, stated that with the changing of times of the meetings, there will be
many that cannot attend and recommended that the item be continued until Mr. Oden is
present.
Joy Meredith, Crystal Fantasy, stated that Main Street does support the building of the
parking structure and recommended approval.
Thomas Adamo, 225 S. Indian Canyon, stated that the Council has worked hard to save
the taxpayers money on the parking structure, but it should be remembered that he
himself has pledged his property and given up $1,500 a month for the rest of his life as a
contribution to the structure.
APPROVAL OF CONSENT AGENDA: Items 1 thru 9.
It was moved by Reller-Spurgin, seconded by Hodges and unanimously carried,
Oden absent, that Items 1 thru 9 be adopted.
Review by City Manager of Consent Items to be clarified.
1. MO 7061 authorizing the City Manager to accept a Federal Grant for up to
$831,756 to reimburse the airport for post 9/11 added security costs.
2. MO 7062 approving Amendment 2 to A4317 with the Coachella Valley
Association Governments (CVAG) for the construction of the Indian Canyon
Drive/Interstate 10 Interchange in the amount of $15,300,000 in Federal STIP
Grant funds. CP00-14.
3. MO 7063 approving Supplement 009-M to A1459 with CalTrans for flashing
beacons installed for school crossing safety at Racquet Club Drive and Via
Miraleste funded by Federal Hazard Elimination Safety grant for $24,500. Mills
Abstain.
4. Res 20316 declaring the intent to vacate right, title and interest in a portion of the
right-of-way dedicated for the public street named East Palm Canyon Drive; and
setting hearing for June 5, 2002. Section 25 T4S, R4E. R02-013. Mills Abstain.
5. Res 20317 approving Final Map 29987, Spartan Villa Hermosa, LLC for
condominium purposes for property located at 155 Hermosa Place. Section 10
T4S, R4E. APN 505-264-001. A4489.
6. MO 7064 approving agreement with Applied Planning for preparation of an
environmental impact report for a retail center located south of Ramon Road and
north of Sunny Dunes Road, between San Luis Rey Drive and Crossly Road, for
a total amount of $94,444, costs to be paid by American Realty. Zone M-1,
Section 20. A4490.
Council Minutes
05-01-02, Page 3
7. MO 7065 approving the purchase and installation from Door Service Company
for the replacement of apparatus doors at Fire Stations 3, 4 and 5 for $28,650.
8. MO 7066 approving agreement with the Transportation Security Administration
(TSA) for passenger screening functions by the Palm Springs Police Department
at the Palm Springs International Airport, estimated costs $589,860 for a term of
May 1, 2002 to December 1, 2003, all costs will be reimbursed by TSA. A4491.
9. Res 20318 and 20319 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 975314 Tenet Business Related
EXTENDED CONSENT AGENDA:
PUBLIC HEARINGS:
10, APPEAL - RON DALE - 253 E. MESQUITE AVENUE
Recommendation: That the Council consider an appeal of the Planning
Commission denial of a Variance application, Case 6.457 to allow an existing 10
foot tall shade structure on the property line of property located at 253 E.
Mesquite Avenue. Zone R-1-C, Section 23.
Director of Planning & Building reviewed the staff report and visual aids on
display in the chamber.
Mayor declared the Hearing open
Philip Klatcho, attorney representing James Henderson, stated his client is the
neighbor to the south; that it is requested that the Council uphold the Planning
Commission decision; that this process has been going on for two years; that Mr
Dale was given a stop order by the City, which was not followed; that the
statutory grounds to permit the variance are not present; that the construction is
current; that it is a violation; that the appellant was duly informed during the
construction phase that the building was in violation, but chose to proceed
anyway, and requested denial of the appeal.
Sandra Hoppy, 271 E. Mesquite, stated that her property was purchased in 1963
and that she is a neighbor to Mr. Dale; that the structure in question was there in
1963; that Mr. Dale does keep a good yard and that the structure should be
approved.
Bill Hoppy, 271 E. Mesquite, stated that the family has owned his property since
1963; that Mr. Dale has improved his property; that tamarisk trees have been
removed; that the structure does fit in with the house and the neighborhood; that
it is an improvement to the residence; and that there are many illegal structures
on Mesquite Avenue.
Council Minutes
05-01-02,Page 4
Cypress ?, 277 E. Mesquite, stated she lives one door down from Mr. Dale; that
the structure in question has no electricity, water or gas; that it is just a shade
structure and that there are a lot of illegal structures in the neighborhood.
Mr. Ron Dale, appellant, stated that when the inspectors noticed the shade
structure it was thought to be new construction; that in fact, it is a rebuilt, that the
structure did not show until the tamarisk trees were torn down; that the building
inspectors have indicated it is a good structure, that the surrounding properties
all have structures built with the property setback lines; that there is no other
place to place the cabana; that in previous conversations with Mr. Evans, it was
indicated that there would be no problem getting a variance; that there was no
work done on the cabana for a couple of years, due to other projects, that in
September of last year a friend wanted a wedding in the cabana so repairs were
finished against the stop order; that application was made for a variance; that a
hearing was held; that the variance was denied; that it is clear the structure has
been there for many years; that there are photos that indicate the structure and
that the Council should overrule the Planning Commission decision based on the
age of the structure.
There being no further appearances, the Hearing was closed.
Councilmember Hodges questioned the construction phase of the structure when
the Notice was issued.
Director of Planning & Building stated that the roof deck was on an exposed
wood frame.
Councilmember Mills questioned if examination of the aerial photos indicated the
structure in place prior to 1961.
Director of Planning & Building stated that in the 1939 photo the structure was
not there; that in the photos examined from 1947, 1958 and 1979, it did not
appear to be present; that the later photos do have some shading from the
Mesquite Trees and that it may be difficult to be absolutely certain, but that
professionals had examined the photos and did conclude it was not likely; that
materials of the building were inspected; that the materials do not look to be of
the 1960's; that there are four points to grant a variance; that none were found to
be applicable by the Planning Commission; that what is before the Council is not
a review of the style, but rather whether the structure may be granted a variance,
solely based on the four points permitted by law.
Councilmember Hodges questioned where the four points to allow a variance
were obtained.
City Attorney stated that the points are a part of the Government Code on
variances; that any other City would have the same criteria; that the main reason
for a variance is that the property itself is unique, and that the variance should
not be granted or used as a special privilege.
Councilmember Hodges questioned if there are allowances when a repair is
needed.
Council Minutes
05-01-02,Page 5
City Attorney stated that there is not economic hardship to grant a variance; that
it is tied to topography only.
Director of Planning & Building stated that the Planning Commission did seek
somewhat to justify the variance; that the issue is that it could not find any way to
legally permit it; that if it were that the building were just damaged, the only
requirement would be to repair to Code.
Councilmember Hodges stated that whether one agrees or not, that facts are that
the Planning Commission decision must be upheld due to the reasons to grant a
variance.
City Attorney stated that the issue would be raised if others came forward for
variances that were not based on the allowances; that all must be treated the
same and that is the reason the criteria is established; that the Council does
have the ability to change the standards, but typically that results in policy
problems.
Councilmember Mills stated that it is an unfortunate situation; that if there were
some proof that the building existed previously, a grandfather act could be
applied; that this is a difficult matter, but that the law and the ordinances are
clear.
Motion to uphold the Planning Commission decision with Resolution to come
forward at the next meeting was presented; after which, it was moved by Reller-
Spurgin, seconded by Mills, and unanimously carried, Oden absent, that the
Motion be adopted.
11. DOWNTOWN PARKING STRUCTURE - PD 275, GENERAL PLAN POLICY
AMENDMENT, SECTION 7.1.5 - ZONING MAP AMENDMENT
Recommendation: That the Council approve amending the Zoning Map by
approving a change of zone from C-B-D (Central Business District) to PD 275,
amend General Plan Policy 7.1.5, by adding a special street section in the
Central Business District; and approve a preliminary and final planned
development district (PD 275) for a four level, 390 parking space, public parking
structure, located at the northwest corner of the intersection of Indian Canyon
Drive and Baristo Road, C-B-D zone, Section 15.
Director of Planning & Building reviewed the staff report and the visual plans on
display in the Chamber.
In answer to questions by Council, Director of Planning & Building stated that the
design team has questioned whether the plants on the side of the structure would
be viable; that there would be a problem with water supply and that it was found
not to have the amenity; that the shade structure located on the top floor would
the same as that at the airport; and that the color would be white.
Executive Director-Airports stated that the product is from Bird Air; that the team
did analyze using a multi-colored product, but that it would need replacement
every 3 - 5 years; that the proposed structure is the same as the airport structure
with a 15 - 20 year life.
Council Minutes
05-01-02, Page 6
In answer to questions by Council, Director of Planning stated that Baristo will not
have any major improvements; that the street is deemed wide enough; that there
would not be a stacking problem; that the ingress and egress was approved by
the design team; that originally an entry was located on Indian Avenue, but that it
was felt that it would create more problems than the alternative entry on Baristo;
but that there is an exit on Indian.
Mayor declared the Hearing open.
James Cioffi, Walker Parking Consultant, stated that the original design did have
entry and exit on Indian; that the City Engineer recommended that the entry be
removed; that it was determined that stacking and accidents would occur more
frequently on Indian if the entry were permitted; that there will be a focal point on
the Corner of Baristo and Indian to direct vehicular traffic; that the structure on
the roof will be white and is a Bird Product; that there have been considerations
of support columns being painted a darker color; that up lights will be added to
the columns; that landscaping in urns of cascading plants located on the side of
the structure were determined to be too difficult to maintain; and that at the
ground level, there will be landscaping that will be planted with the intent of
climbing the sides of the building with the greenery.
Tom Lanham, Palm Springs, stated that there is concern with the entry on
Baristo; that there is only room for two cars at a time and that it would be better
to have the entry on Indian Avenue.
David Lynch, Palm Springs, stated that the entry should be on Indian; that there
is more room to accommodate cars to get in the structure; that Indian Avenue is
easier to find and directions easier to give; and that the stacking of vehicles
would slow traffic down to help prevent accidents.
Tom Adamo, Palm Springs, stated that there are various entryways to the
structure; and that the opportunity to examine the structure from all sides is
during the design stage.
There being no further appearances, the Hearing was closed.
City Manager stated that discussion has been held regarding ingress/egress in
the alleyway; that the structure does not have a toll to enter and that it may be
that the Indian Avenue entry should be permitted.
James Cioffi, stated that as a proponent of the Indian Avenue entry it is
agreeable, but that the City staff recommended not to have any ingress off Indian
Avenue; that studies were conducted for the safest way for vehicles to access
the building; that there are, in fact, various entryways into the structure; that once
the structure is used, people will find that entry is easy; and that if the City
Engineer changed his position on the extreme safety hazard on Indian, the entry
could be placed.
City Manager stated that the design of entry from Indian Avenue would be
reviewed and readdressed.
Council Minutes
05-01-02,Page 7
Director of Planning & Building stated that Walker did perform a traffic study, that
it was determined that off the Baristo side, it is designed that 800 vehicles per
hour could access or leave the structure; that it is estimated there will be 1340
trips of usage; that if gates were added to a toll booth, the capacity would be cut
to 400 vehicles per hour; that the City Engineer was comfortable with Baristo
stacking; that most structures only have one ingress and egress; that the Indian
Avenue entry could be reviewed; that there is a traffic light near the location that
would slow traffic; and that the documents could be bid with alternates in place.
Councilmember Mills stated that it is somewhat incredible that the hearing is
already being done and commented on the timeliness of the project; that the only
comments on the building have been the ingress and egress on Indian Avenue,
which indicates a good structure design is going on; that it is a concern if the
ingress and egress on Indian Avenue would have traffic turning in front of other
traffic and lengthy stacking occurring; that the backup in the structure would also
cause problems; that there may also be a problem of a vehicle leaving a dark
structure into a bright street and then turning into traffic; that the awning fabric is
of concern; that there are materials available that are other colors rather than
white; that the fabrics are guaranteed 10 - 15 years; that the cost would be
substantially lowered and that it may be that alternatives should be examined.
Mayor stated that staff should continue to work in addressing parking problems in
the City; that with this structure the design standard has set the bar; that the
product is quality and that the aesthetics are good; that the access on Indian is
arguable, but that consideration should be given to the City Engineer's
determination; that the flow is easiest off Baristo; that landscaping should be
added on the Baristo side; that adequate signage to use the left lane to enter on
Baristo will need to be provided; that it may be that the building appenditures
may need to be brought out further; that a clear visual statement of where the
entry is does need to be made; that more exits than entries should be provided;
that overall, the recommendation of the structure is pleasing; that deadlines are
being met; that the City Manager has assembled a team that will get the job done
and that the penalty and bonus clauses in the contracts should be clear.
Councilmember Reller-Spurgin stated that since staff is recommending an exit
only on Indian, that it is agreed that is what should be put in place and added that
staff are the experts on the traffic studies and mitigation measures.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF
ZONE FROM C-B-D (CENTRAL BUSINESS DISTRICT) TO PD275 FOR THE
PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF INDIAN CANYON DRIVE AND BARISTO ROAD, C-B-D
ZONE, SECTION 15,
after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously
carried, Oden absent, that further reading be waived and the Ordinance be
introduced for first reading.
Council Minutes
05-01-02,Page 8
Resolution 20320 as recommended, to include the City Engineer to relook at
entry and exit on Indian Avenue was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills, and unanimously carried, Oden absent, that
R20320 be adopted.
Resolution 20321 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills, and unanimously carried, Oden absent, that
R20321 be adopted.
12. TTM 28495 - SIMEON AND LORRAINE GREY
Recommendation: That the Council approve Tentative Tract Map 28495 to
subdivide 7.8 acres into fifteen single family residential lots and one common
area detention basin lot, located south of Racquet Club Road, west of Milo Drive,
Zone R-1-13, Section 3. Applicant: Simeon and Lorraine Grey.
Director of Planning & Building reviewed the staff report and visual site plans
located in the Chamber.
Mayor declared the Hearing open.
Bill Warner, Warner Engineering, stated that all conditions have been complied
with, and requested consideration of the Council to allow the project to be gated.
Dan Signofollar, project architect, stated that the project is environmentally
friendly; that it is proposed for the project to be gated; that by allowing the gates,
the project will offer more security, reduce traffic speed and eliminate unwanted
solicitors; that the property owners will maintain the streets; that the Fire
Department has reviewed the plans with no offered changes; and requested
approval of the project as gated.
Kurt Bible, Palm Springs, requested approval of the project.
Ted Rohle, Palm Springs, stated that the project is exciting and that the gate
does fit in the project aesthetically.
Michael Thorton, Palm Springs requested approval of the project with gates.
Lorraine Grey, developer, stated that the Planning Commission has approved the
project; that the gate issue is not one of financial, but of security; that homes
around the project are individually gated; that most people do want a gated
community due to the crime deterrent.
Simeon Grey, developer, requested approval of the project as gated.
There being no further appearances, the Hearing was closed.
Councilmember Mills stated the proposed is an excellent project; that the
development will increase housing stock; that the project is a cul-de-sac and
would not pose any problems with being gated.
Councilmember Hodges concurred.
Council Minutes
05-01-02, Page 9
Mayor stated that high end to modest housing is needed in Palm Springs; that
the gated option does offer a good opportunity for the buyer; and that the project
is good.
Director of Planning & Building stated that the requested Council consideration of
deleting condition 6 of the Conditions of Approval.
Resolution 20322 as revised, to delete Condition #6 on Racquet Club Road
West, was presented; after which, it was moved by Mills, seconded by Reller-
Spurgin, and unanimously carried, Oden absent, that R20322 be adopted.
13. PDD 273 - CS 5.0898 - TTM 30454 - CANYON GATE LLC
Recommendation: That the Council adopt the Mitigated Negative Declaration
and approve Case 5.0898 - Planned Development District 273, a gated 32 lot
single family development and Tentative Tract Map 30454 to subdivide 10 acres
into 32 single family residential lots and a number of common area lots, located
at the northwest corner of Belardo Road and W. Sunny Dunes Road, R-1-A and
R-2 Zones, Section 22.
Director of Planning & Building reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Mark Temple, stated that the project will offer quality homes and that if approved,
it is anticipated that construction will start in mid-summer.
There being no further appearances, the Hearing was closed.
Councilmember Hodges commented that the project is beautiful with wonderful
amenities.
Councilmember Mills questioned if parking would be one side only; and added
that the 32 foot wide street is less than normal; that use of red curbs is not
encouraged; that the potential on both sides of the street being parked on is
somewhat minor; and that it would be better to include the no parking issue in the
CC & R's rather than enforce by signage and red curbing.
Mayor questioned any liability with placement of the condition in the CC & R's.
City Attorney stated that the issue is that the streets are private; that the streets
could be vacated and the homeowners association be responsible for any
enforcement measures; that without the signs, the City can not do enforcement;
that the reality is that the City has none or little access through a guard gated
community, but if the condition is placed, the homeowners are able to turn to the
City for enforcement measures.
Councilmember Hodges stated that the condition should be deleted and added to
the CC & R's.
Council Minutes
05-01-02, Page 10
Resolution 20323 as revised, to delete Condition #10 on Private Streets and add
to CCR's was presented; after which, it was moved by Hodges, seconded by
Reller-Spurgin, and unanimously carried, Oden absent, that R20323 be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
LEGISLATIVE ACTION:
14. CONVENTION CENTER EXPANSION MASTER PLAN - CONCEPT DESIGN
Recommendation: That the Council approve entering into an agreement with
Howard Needle Tammen & Bergendoff (HNTB) for master plan and conceptual
design services for the proposed 114,000 square foot expansion of the
Convention Center; Phase I design of kitchen expansion; conversion of the
Springs Theater and sales offices into meeting space, plus reimbursable; for a
total of$295,500. A4492. (Subject to City Attorney final language approval.)
Convention Center Director reviewed the staff report and gave background
concerning the need of expansion.
Councilmember Mills stated that it is proposed that the architect will complete the
Master Plan in a 45 day period; that included in the study should be the open
space around the facility; that the potential is now for the City to determine uses
of the surrounding land and possible future expansion needs; that the Master
Plan should address how the entire area is going to shape out and added that his
services would be available as a Member of the City Council to team with the
design team if it is Council desire.
Mayor stated that it is clear that a fix needs to made for things that are not
working; that meeting space is a priority of conventions; that TOT is increasing;
that with the increases, the Council could consider paying cash as each Phase
develops; that ultimately the Bond Issue will need to be done, but that there is an
ability to pay cash for the first phase should the Council desire; and questioned
the procedure for full expansion in relation to the Bond Issue.
City Manager stated that if all goes to plan, the larger project should get
underway in one year, and that the bonding would occur at that time.
Mayor stated that it is clear that the City has lost business due to the size of the
Convention Center; that conventions will continue to outgrow any facility, but that
with this expansion, the Center should be able to pick up more conventions than
in the past; and questioned what the ideal customer criteria would be.
Convention Center Director stated that the mission is to book business that
generates TOT; that corporate groups, with or without trades shows, seem best.
Mayor questioned the status of the AOPA convention.
Council Minutes
05-01-02, Page 11
Convention Center Director stated that the convention should be in town on
October 25 with an estimate of 25,000 attendees; but that the Center has been
put on notice that if there is no expansion the last convention at this site will be
2005.
Minute Order 7067 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Mills, and unanimously carried, Oden absent,
that MO7067 be adopted.
15. EAST PALM CANYON DRIVE FRONTAGE ROAD
Recommendation: That the Council approve establishment of a no parking area
on East Palm Canyon Drive, south frontage road.
City Manager reviewed the staff report.
Councilmember Hodges stated it is surprising that enforcement has already
started and the matter is presently before the Council for actual action; and
questioned where the illegal car sales will be moving.
City Manager stated that those that have already moved to vacant sites are
illegal and will be cited.
City Attorney stated that the Courts have determined that "For Sale" signs in
vehicles is a 1st Amendment right; and that a uniform standard does need to be
set for the City.
Resolution 20324 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills, and unanimously carried, Oden absent, that
R20324 be adopted.
16. DOWNTOWN PARKING STRUCTURE PROJECT ADMINISTRATION
Recommendation: That the Council appoint the administrative team for oversight
of the downtown parking structure; and grant authority to the project
administrator (Executive Director - Airports) for signatory change order authority
up to 7.5% of total construction costs (total of$307,500).
Executive Director - Airports reviewed the staff reports for items 16, 17 and 18
and added that the Team is in high gear with anticipation of a November
completion date.
Mayor stated that there have been major changes in how the City does business
based on the newly adopted Procurement Ordinance; that this is a major test of
what staff has asked for; that there will need to be checks and balances; that all
links should be checked; that additional levels of expenditure limits are being
given; that it is important for staff to keep the Council updated; that the project is
exciting, but that the procedures should be followed to stay on track.
Resolution 20325 as recommended was presented; after which, it was moved by
Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent,
that R20325 be adopted.
COnnCil Minutes
05-01-02,Page 12
17. DOWNTOWN PARKING STRUCTURE PROJECT - UTILITY PAYMENTS
Recommendation: That the Council authorize the Downtown Parking Structure
project administrator to execute utility company payments for utility relocations
for $420,000. $150,000.
See item 16.
Minute Order 7068, as revised to $150,000, was presented; after which, it was
moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden
absent, that M07068 be adopted.
18. DOWNTOWN PARKING STRUCTURE PROJECT
Recommendation: That the Council approve and adopt the plans, specifications
and working details for the downtown parking structure; authorize solicitation for
construction quotes for the downtown parking structure trade contracts for
earthwork, demolition and site utilities; and authorize the City Manager to award
said trade contracts up to $100,000 per contract. CP01-27.
See item 16,
Minute Orders 7069 and 7070 as recommended were presented; after which, it
was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried,
Oden absent, that M07069 and 7070 be adopted.
19. CITY COUNCIL MEETING SCHEDULE
MUNICIPAL CODE AMENDMENT
On January 16, 2002, Council continued this issue to this date to discuss
establishing times for study sessions (1:30 p.m.); closed sessions (4 p.m.) and
regular meetings (6 p.m.); all meetings to be held on the first and third
Wednesdays of each month.
Motion to continue the matter to May 15 to allow for full Council attendance was
presented; after which, it was moved by Reller-Spurgin, seconded by Hodges
and unanimously carried, Oden absent, that the matter be continued.
20. MUNICIPAL CODE AMENDMENT (Intro 4-24-02)
City Clerk read Title of Ordinance 1609 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PERTAINING TO THE DOWNTOWN PARKING STRUCTURE
CONSTRUCTION ACTIVITY TEMPORARILY SUSPENDING THE NOISE
ORDINANCE AND CONSTRUCTION HOURS ORDINANCE FOR THE
DURATION OF THE DOWNTOWN PARKING STRUCTURE CONSTRUCTION
after which; it was moved by Reller-Spurgin, seconded by Mills, and unanimously
carried, Oden absent, that further reading be waived and that Ordinance 1609 be
adopted.
COLUICil Minutes
05-01-02,Page 13
21. ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
DEPARTMENT report or requests - Received and Filed
22 Treasurer Investment Report as of March 31, 2002.
CITY COUNCIL reports or requests
23. Appointment CVAG Exec Committee - Councilmember Hodges designee.
Councilmember Hodges:
1. Request City Attorney to draft Charter Amendment concerning
Council vacancy appointments.
2. Request consideration of Tribal Council pictures being displayed in
City Hall Lobby.
3. Request all workshops be videotaped and televised.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 8, 2002
An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California,
was called to order by Mayor pro tem Reller-Spurgin, in the Council Chamber, 3200
Tahquitz Canyon Way, on Wednesday, May 8, 2002, at 5:00 p.m., at which time, the City
Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the
meeting was convened in open session.
ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin
Absent: Mayor Kleindienst
The meeting was opened with the Salute to the Flag.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on May 3, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 2 of agenda this date.
PRESENTATIONS: None.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS: None
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Oden and unanimously carried, Kleindienst
absent, that Item 1 be adopted.
Review by City Manager of Consent Items to be clarified.
Executive Director — Airports reviewed the bidding process and added that the project
has been broken into phases; that most of the restaurants are considering valet parking
in the structure; that the ingress/egress recommendation on Indian Avenue was by the
consultant, Walker Parking, that the company determined that there is a safety issue
with ingress to Indian Avenue; that the amount of vehicles would cause stacking and the
possibility of accidents; that the recommendation is an up ramp; that with the up ramp
and the valet parking combination, there should be easy flow of traffic; that there may be
stacking time to time, due to the release of special event timing, but that the stacking
would not be the average; that the building itself does contain the possibility of three
elevators; that it is recommended in order to stay within budget and to produce a budget
savings, to eliminate the proposed third elevator; that the shaft and machinery would be
built; that it is the cab itself that would not be placed; that the savings is $60,000; that
the down slope of the structure would allow for handicap use through ramps; that all
handicapped parking is on the ground floor; that the slopes that are proposed are ADA
compliant; that once a tenant is located for the bank building, the choice to install the
cab for the elevator may be made; that the bidding will include all three proposed
elevators as stand-alones; that the Council will be asked to make further determination
on whether to move ahead with three, two or one elevators; and that the consensus at
this time is not to move ahead with the center elevator.
Director of Downtown Development stated that there have been letters received from
surrounding property owners regarding the center elevator; that the letters do state that
the elevator was presented in a way that it is a part of the overall project; and that two of
the business owners are strongly in favor of the use of the center elevator.
Mike Fontana stated that the center elevator does not land well; that due to the slope
the elevator is not at grade level; that it was felt by the management team to forego fully
equipping the center elevator, but that it is a decision of the Council.
Executive Director — Airports stated that it is the recommendation of the management
team to leave all three in place, but only fully equip the two; that by July 1, the team will
be able to review the item with the Council regarding moving ahead with the center
elevator.
Councilmember Mills started that it is the third, south elevator that is being
recommended not to be fully placed; that the middle and north are being recommended
due to the price.
Mr. Fontana stated that all the elevators have stops, and that it is the south elevator that
will be built, but not fully equipped.
Councilmember Reller-Spurgin questioned the deferential.
Mr. Fontana stated the price difference would be $60,000 for the cab itself.
Director of Downtown Development stated that the south elevator is most valuable to the
bank building and businesses south of Baristo Road.
Councilmember Mills stated the proposal does make sense.
Councilmember Hodges stated that all three elevators are needed; that if one is
handicapped and uses the left side elevator, a tremendous distance must be covered to
get to ones car; that the City never has enough handicapped parking; that the
handicapped will be parked all over the structure; and questioned if the center elevator
could be designed with the handicapped in mind.
Executive Director — Airports stated that if the center elevator was used, the
handicapped would have access to the ramp.
Mr. Fontana stated that there is six feet to bottom of grade; that the elevator could in
fact stop at grade, but that it would not be able to stop on the 2n6
or 3rd levels; that the
cab height would interfere; that the problem is the cab is rectangle and the area of
stoppage is on a slope; that one should bear in mind that this structure is a ramp
structure; and therefore not level to allow the elevators to stop on all levels.
Director of Downtown Development stated that the location of the elevators could be
anywhere in the structure and the same type of problem will occur.
Executive Director - Airports stated that if the budget allows, the three elevators will be
in place; that if not, once a tenant fills the bank building, the elevator will be completed;
that at this point, the management team is looking at keeping in the proposed budget.
Councilmember Reller-Spurgin questioned the cost of buying two rather than three, due
to quantity purchasing.
Mr. Fontana stated that the bidding would include two elevators, with the third as an
alternate bid.
Councilmember Oden stated that in reality, it would have three elevators, but that the
option is to get the third cab when necessary.
Councilmember Hodges stated that if the cab were not purchased now, it would not
happen.
Councilmember Oden stated that if an adjustment is needed, it can be made in the
future.
Councilmember Reller-Spurgin stated that the cost is only $60,000.
Mr. Fontana stated it may be that the additional funding will be found within the budget;
that at this time, the management team is trying to create components to add or delete
to stay within the budget; that as each component is due, the Council will have the
choice to decrease the scope or to increase funding.
City Manager stated that there is a choice, the Council can choose to have one elevator
at each end of the structure; that it could choose to have one on an end and a center; or
that all three could be chosen.
Councilmember Hodges questioned the availibility of ADA funding for the elevators.
Director of Downtown Development stated that it is his opinion that all three are needed;
that the quality of the structure would require the three; that the sloping ramps will be a
long way for the handicapped to use; and that the length of the building is longer than a
football field.
Executive Director — Airports stated that the management team does recommend all
three, but that flexibility is needed due to cost savings and that the two should provide
for the need.
Councilmember Hodges stated that the bottom line is that someone would have to
traverse the entire structure to get where is needed.
Councilmember Mills stated that all agree all three elevators are needed; that the south
end elevator could be placed at the review of July 1, with an adjustment of the budget;
that at this time, the management team is striving to stay within its set means; but that
the Council does have the option at a later date to add the cab into the budget.
Minute Order 7071 approving the plans, specifications and working details for the
Downtown Parking Structure, CP01-27; and authorize bidding for all trade contracts was
presented; after which, it was moved by Mills, seconded by Oden, and unanimously
carried, Kleindienst absent, that MO7071 be adopted.
EXTENDED CONSENT AGENDA: None
PUBLIC HEARINGS: None
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
LEGISLATIVE ACTION: None
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Oden requested a report regarding employee practices for
contractual agreement of APOCA for managed parking.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
May 15, 2002
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, May 15, 2002, at 5:00 p.m., at which time, the City Attorney announced items
to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open
session.
ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag by the PSHS JROTC, and an
invocation by Lt. Darren Stennett, 29 Palms Naval Chaplain
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on May 10, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 11 of agenda this date.
PRESENTATIONS: Firefighter of the Year
Craig Gladders— C.P.M.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for
the purpose of convening as the Community Redevelopment Agency; after which,
members reconvened as the City Council.
PUBLIC COMMENTS:
The following persons spoke in support of Item 31:
David J. Lynch, Palm Springs
Father Andrew Green, Palm Springs
Dean Stephen Kauffman, Palm Springs
Dr. Wayne McKinney, Palm Springs
Conrad Fenger, Palm Springs
Jim Schell, Palm Springs
Jim Hicks, Palm Springs
Rose Therean,
Steve Nichols, Palm Springs
The following persons spoke in opposition of Item 31:
Robert Trogman, Palm Springs
Joseph Paul Hunter, Palm Springs
Richard Holstrop, Palm Springs
Council Minutes
05-15-02, Page 2
The following persons spoke in support of Item 18:
Bob Marra, Palm Springs
Joy Meredith, Palm Springs
The following person spoke in opposition of Item 26:
Joy Meredith, Palm Springs
The following person spoke in support of Item 28:
Meredy Shoenberger, Palm Springs
The following persons spoke in support of maintaining the Palm Canyon Theater
Peter Bochnewich, Palm Springs
Steve Nichols, Palm Springs
The following person spoke in support of Item 32:
George Puddephatt, Palm Springs
The following persons spoke on matters not on the agenda:
Maryilu Rogers, Palm Springs
Joe Foster, Palm Springs
APPROVAL OF CONSENT AGENDA: Items 1 thru 15.
It was moved by Reller-Spurgin, seconded by Mills, and unanimously carried,
that Items 1 thru 15, excluding 9 and Hodges abstaining on Minutes of March 20,
Oden abstaining on Item 14, be adopted.
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes: March 20, April 23 and 24, 2002.
2. MO 7072 approving Amendment 1 to A4043 with Airport Displays, Ltd., for
airport advertising services and airport public art placement along the Mid-Valley
Parkway Airport Extension Road.
3. MO 7073 authorizing the City Manager to accept a grant Amendment 1 to A4402
to reprogram $700,000 of the original grant for airport security improvements
AIP-33.
4. MO 7074 approving tolling agreement to dismiss without prejudice an action filed
against Sabo & Green regarding the 1991 Assisted Living Center Bond Issue.
A4495.
Council Minutes
05-15-02, Page 3
5. MO 7075 approving purchase order with Air Cleaning Systems for installation of
vehicle exhaust ventilation systems at Fire Stations 441, 443, 444, and 445 for
$70,984.48.
6. MO 7076 approving an agreement with Sirsi Corporation for the Unicorn
client/server integrated library computer system for $120,817, using Measure Y
funds. Agreement subject to City Attorney final language. A4496.
7. MO 7077 approving purchase order from Dell Computer Systems of thirty PC
workstations through participation in the Western States Contracting Alliance
cooperative purchase program for $59,771.
8. MO 7078 approving Amendment #1 to A3871 with Enforcement Technology,
Inc., to expand collection services for unpaid parking citations based on a fee of
35% of collected revenues.
9. Res ----- approving Final Map 27680 with Sanborn A & E representing Palm
Mountain Company to divide property located at 755 Vista Chino Road West. A--
APN 505-030-010, 012, Section 10, T4S, R4E. Withdrawn.
10. MO 7079 approving contract with 4-Con Engineering, Inc, Bid Schedule A and B,
for bridge repairs on the Ramon Road Bridge across the Whitewater River and
the Sunrise Way Bridge across Tahquitz Creek for$97,610. CP97-20. A4497,
11. MO 7080 approving contract with Contreras Construction, Bid Schedule A and B,
for the 1999-00 PM-10 Control Measure Paving project for $162,730. CP99-21.
A4498.
12. MO 7081 approving Amendment 1 to A4381 with PZL, Inc., for planning support
services extending the contract from July 5, 2002 to December 31, 2002. Costs
paid by project proponents.
13. Res 20326 approving time extension from May 17, 2002 to May 17, 2003 for Star
Canyon Villas, PDD 260. Case 5.0830, TTM29691 for the subdivision of 11.41
acres into 9 lots for a resort development located at South Palm Canyon Drive
between Sunny Dunes Road and Mesquite Avenue. W-C-1 and W-R-3 zones,
Section 22 and 23.
14. Res 20327 denying Case 6.457, appellant Ron Dale, to allow an existing shade
structure in the southwest corner of property at 253 E. Mesquite Avenue. Zone
R-1-C, Section 23. Oden Abstain.
15. Res 20328 and 20329 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 975653 C. Kell-Smith Business Related
975802 Trueblood
975803 Trueblood
Reller-Spurgin 975781 Spurgin Spouse
975919
Council Minutes
05-15-02, Page 4
EXTENDED CONSENT AGENDA:
PUBLIC HEARINGS:
16. ORANGE AVENUE RIGHT-OF-WAY VACATION
On April 24, 2002 Council declared intention to vacate a portion of the right-of-
way for the public street named Orange Avenue and set hearing for this date.
Notice of Hearing was published, but not posted in a timely manner. Council is
requested to continue the hearing to June 5, 2002 to allow proper posting.
City Manager requested the item be continued to June 5, 2002.
Motion to continue the matter was presented; after which, it was moved by
Mayor, seconded by Reller-Spurgin and unanimously carried, that the matter be
continued to June 5, 2002,
17. APPEAL— CASE 6.458 VARIANCE-VONS
On March 12, 2002 Councilmember Mills requested a notice of review regarding
Case 6.458 variance application by Travis Engineering for Vons's Rimrock to
allow a 298 square foot kiosk within a self-service fueling center, located at 4733
E. Palm Canyon Drive, C-D-N zone, Section 30.
Director of Planning & Building reviewed the staff report and visual site plans on
display in the Chamber.
Councilmember Oden questioned the relationship of proposed variance to the
location of Canyon Sands.
Director of Planning & Building stated that Canyon Sands is Northwest across
the intersection of the proposed variance.
Mayor stated that the variance is based on the kiosk alone and not use of the
self-serving fueling station.
Mayor declared the Hearing open.
The following persons spoke in opposition to granting of variance.
Margaret Sitterson, Palm Springs
Rita McDermott, Palm Springs
Andy Roshett, Palm Springs
Percy Schultz, Palm Springs
The following persons spoke in favor of granting of variance.
Harold Burnery, Palm Springs
Karl Huy, project engineer
Kyle Collinsworth, representing Vons
There being no further appearances, the Hearing was closed.
Council Minutes
05-15-02, Page 5
Councilmember Mills stated that he did generate the review of the Planning
Commission action; that it is imperative to create a business friendly
atmosphere, but that there have been other projects, such as the Lundin, that did
have this type of proposal; that the Lundin project was told no; that it is important
to have standards, and to maintain them; that Voris was granted a variance for
the use and that the City will see this type of use come forward again and again;
that the City's Ordinances define how we want the City to look; that the granting
of this variance changes that look and opens the door for any other developer to
request the same; that if this is the direction to go, then the Ordinances need to
be changed to allow the use for all, and not a case by case variance permitted.
Councilmember Hodges stated that it is important to have a level playing field to
be fair to all; that it is difficult to understand why this granting of a variance can
be considered, when there was one before the Council at its last meeting that did
not meet the criteria.
Director of Planning & Building stated that Planning Commission did find
significant grounds for the variance; that the applicant is also aware that the
Kiosk should be 750 square feet; that the only remaining issue is the set back of
the property line.
Councilmember Oden stated that the fact is that the proposal is based on a
national trend on how businesses are doing things today; that the City does need
to project a business friendly atmosphere; that simply put, if the residents don't
have the facility, they drive to the neighboring City for the use; that not all
businesses are absolutely right for the City, but one needs to consider each
individually, look at the economics, how we retain business and possible safety
issues.
City Engineer stated that this is a previously approved pad; that the least busy
leg is used for access; that there will be more traffic generated, but that the
street should be able to handle the flow and the site was somewhat modified to
access accommodation of vehicles.
Mayor stated that the Council does need to be fair and equitable; but that a
variance is a tool to allow something due to a problem; that this issue is not and
should not be about the use of the site; that the pad was previously approved;
that in fact, Smoke Tree Center has pads available located at its front that have
been permitted; that industry trends change; that for a long time the City did not
allow food to be sold at gas stations; that now it seems the trend is to have a gas
station as an ancillary function of a market; and that the kiosk is what is in
question before the Council.
Motion by Reller-Spurgin to overrule the Planning Commission was presented.
Councilmember Hodges questioned if the site is redesigned and is within
parameters, could it go forward and suggested review of enabling ordinances.
Director of Planning & Building questioned if the overruling was based on the
setbacks.
Council Minutes
05-15-02, Page 6
Councilmember Reller-Spurgin stated the setback variance should not be
allowed.
Mayor stated it may be that the pad will not permit the station, or that some of
the parking could be reconfigured to allow the use.
Motion that staff be directed to prepare resolution overruling the Planning
Commission decision, for June 5, 2002, was presented; after which, it was
moved by Reller-Spurgin, seconded by Mills, and carried by the following vote,
that the Motion be adopted.
AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: None.
18. TPM 30362, DESERT HEALTHCARE DISTRICT
Recommendation: That the Council approve Tentative Parcel Map 30362 with
Desert Healthcare District for the subdivision of one 5.53 acre parcel into two
parcels measuring 1.534 and 4.11 acres for the future development of the
Hanson House facility, located on the campus of Desert Regional Medical
Center, on the southwest corner of Mel Avenue and Via Miraleste, PD 185,
Section 11.
Mayor Kleindienst and Councilmember Mills abstained due to conflict of interest.
Director of Planning & Building reviewed the staff report
Mayor pro tem declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolution 20332 as recommended was presented; after which, it was moved by
Oden, seconded by Hodges, and unanimously carried, Kleindienst and Mills
abstain, that R20332 be adopted.
19. TPM 30292 — FRIEND DEVELOPMENT— PALM SPRINGS LLC
Recommendation: That the Council approve Tentative Parcel Map 30292 with
Friend Development — Palm Springs LLC to combine 43 parcels into one single
parcel of 4.97 net acres for the development of a 104 unit apartment complex
located at the southeast corner of East Palm Canyon Drive and Araby Drive, R-3
zone, Section 25.
Director of Planning & Building reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20333 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20333 be
adopted.
Council Minutes
05-15-02, Page 7
20. CASE 5.0897(A), CASE 5.0897(B) GENERAL PLAN MAP AND TEXT
AMENDMENT; ZONING MAP AND TEXT AMENDMENT— SMOKE TREE AREA
PLAN
Recommendation: That the Council adopt amendments to both the General
Plan Land Use Map and General Plan text along with the Zoning Map and
Zoning Ordinance amendments for the Smoke Tree Area Plan, property located
adjacent to and south of East Palm Canyon Drive, between LaVerne Way and
Barona Road, T4S, R4E, Section 25.
Director of Planning & Building reviewed the staff report.
Mayor declared the Hearing open.
Tom Kieley, Palm Springs, spoke in favor of the recommendation.
There being no further appearances, the Hearing was closed.
Councilmember Mills stated that it is a compliment to staff when a major item
such as this comes forward and only one person speaks, and that person is in
favor; and that it is good that the situation could be worked out; and questioned if
the maximum building height of 30 feet should be added to the policy.
Director of Planning & Building stated that modification would be made to the
policy.
Mayor stated that staff should work closely with Mobile Source Reduction
Committee for possible funding mechanisms.
Resolution 20334 as recommended was presented; after which, it was moved by
Mills, seconded by Reller-Spurgin and unanimously carried, that R20334 be
adopted.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
C-D-N (DESIGNED NEIGHBORHOOD SHOPPING CENTER), R-3 (MULTIPLE
FAMILY RESIDENTIAL AND HOTEL ZONE), R-G-A(6) (CLUSTER
RESIDENTIAL;) TO C-S-C (COMMUNITY SHOPPING CENTER) FOR THE
PROPERTY LOCATED ADJACENT AND SOUTH OF EAST PALM CANYON
DRIVE BETWEEN LAVERN WAY AND BARONA ROAD, ZONE C-D-N, R-3, R-
G-A(6), SECTION 25
after which, it was further moved by Mills, seconded by Reller-Spurgin and
unanimously carried, that further reading be waived and the Ordinance be
introduced for first reading.
Council Minutes
05-15-02, Page 8
21. TEFRA HEARING — CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
Recommendation: That the Council approve issuance of tax-exempt bonds to
Seminole Gardens Preservation LP for the purchase of Seminole Gardens
Apartments located at 2607 Linden Way, not to exceed $5,000,000.
Director of Community and Economic Development reviewed the staff report and
added that the City would not be the actual issuer of the Bonds.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20335 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20335 be
adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
LEGISLATIVE ACTION:
22. FISCAL YEAR 2002-03 BUDGET
Recommendation: That the Council review and discuss Fiscal Year 2002-03
budget.
Director of Finance and Treasurer stated that the material handed out was for
Council review and added that the COLA will be placed at 3.2%, but should not
be a major impact to the proposed budget.
City Manager stated that the information is submitted for Council review and
comment at the next workshop to be scheduled on May 22, 2002.
23. ORDINANCE FOR SECOND READING AND ADOPTION (Intro 5-1-02)
City Manager read Title of Ordinance 1610 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
C-B-D (CENTRAL BUSINESS DISTRICT) TO PD-275 FOR THE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
INDIAN CANYON DRIVE AND BARISTO ROAD, C-B-D ZONE, SECTION 15.
after which, it was moved by Reller-Spurgin, seconded by Oden, and
unanimously carried that further reading be waived and Ordinance 1610 be
adopted.
Council Minutes
05-15-02, Page 9
24. COUNCIL MEETING TIMES
On May 1, 2002 Council continued this item to this date to consider
establishment of City Council meeting times.
Councilmember Hodges requested the Closed Session time be moved to 5:30
p.M.
Councilmember Reller-Spurgin stated that the time was originally moved due to
number of items scheduled for Closed Session, but that the time could be moved
to accommodate.
City Manager recommended that that Council could always adjourn to after the
meeting to complete any necessary discussions or could call special Closed
Sessions is the need arose.
Council consensus to move the time for Closed Sessions to 5:30 p.m., preceding
open sessions at 7:00 p.m.; staff to prepare the Resolution for approval at the
June 5, 2002 meeting.
25. DOWNTOWN PARKING STRUCTURE
Recommendation: That the Council approve agreements for the purchase and
sale of real property and agreements containing covenants, conditions and
restrictions with Mathew Talala; Zachary Franks, et al; and Thomas and Eileen
Adamo for the voluntary acquisition of their properties (APN 513-154-034, 513-
154-026, 513-154-008); and agreements settling condemnation actions with
Thomas and Eileen Adamo for the acquisition of the Saloon property (APN 513-
154-007) and Joe Pagano for fixtures, equipment, relocation and goodwill loss
for the Saloon Business and 296 Palm Canyon, LLC for a parking lot behind 296
South Palm Canyon (APN 513-154-033); all for the purpose of constructing a city
owned parking structure in the 200 block of South Indian Canyon Drive; and it is
further recommended that the Council approve a grant of 20-foot "no build"
easement to the owners of properties west of 513-154-033, 513-154-034 and
513-154-008. A4500, 4501, 4502, 4503, 4504, 4505.
Director of Community & Economic Development reviewed the staff report and
submitted revised resolution for consideration.
Councilmember Hodges expressed appreciation to the property owners that are
all looking to the future of Palm Springs and the sacrifice of giving up facture
business to permit the growth.
Council concurred.
Resolutions (7) 20336, 20337, 20338, 20339, 20340, 20341, 20342, as
recommended were presented; after which, it was moved by Oden, seconded by
Reller-Spurgin and unanimously carried, that R20336 — 20342 be adopted.
Council Minutes
05-15-02, Page 10
26. MASTER BAIL SCHEDULE AMENDMENT
Recommendation: That the Council amend the Master Bail Schedule to reflect
increased bail levels regarding the City's managed parking program.
Councilmember Oden stated that the full parking program proposal should be
presented to the Council for full implementation at one time, rather than one
component at a time.
Mayor questioned if the City Attorney had reviewed the portions relating to "for
sale" signage.
City Manager stated that further review by staff was needed on the item and
withdrew the matter.
27. ALLOCATED POSITION & COMPENSATION PLAN AMENDMENT#5
Recommendation: That the Council approve Amendment #5 to the Allocated
Position and Compensation Plan to hire four temporary over-hire police officer
positions to provide uniformed law enforcement security for the passenger
screening checkpoints at the Palm Springs International Airport. (US
Transportation Security Administration full reimbursement).
City Manager reviewed the staff report, no further report was given.
Resolution 20343 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20343 be
adopted.
28. SCHOOL DISTRICT LAND TRANSFER
Recommendation: That the Council oppose a proposal to transfer certain Palm
Springs Unified School District territory to the Desert Sands Unified School
District.
Councilmember Mills abstained due to conflict of interest.
City Manager reviewed the staff report, no further report was given.
Resolution 20344 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden and unanimously carried, Mills abstaining,
that R20344 be adopted.
Council Minutes
05-15-02, Page 11
29. AIRPORT OPERATION AND MAINTENANCE RESERVE REDUCTION
Recommendation: That the Council reduce the Airport's Operations and
Maintenance reserve requirement from 25% to 15% of the total current annual
Operations and Maintenance costs.
City Manager reviewed the staff report, no further report was given.
Resolution 20345 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20345 be
adopted.
30. COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN
NATURAL COMMUNITIES CONSERVATION PLAN (CVMSHCP)
Recommendation: That the Council approve a letter to the Coachella Valley
Association of Governments expressing mutual concerns that the Cities of Palm
Springs, LaQuinta, Cathedral City, Indio and Desert Hot Springs have regarding
the proposed plans.
Director of Planning & Building reviewed the staff report.
Mayor stated that typically these issues are addressed on an individual City
basis, but that in this case, several entities have joined together to express the
concerns.
Councilmember Hodges questioned any Tribal participation.
Director of Planning & Building stated that the Tribal representatives were
invited, but that they are moving forward with their own plan.
Councilmember Hodges questioned any participation of the Cabazon or Torres
Martinez Tribes.
Director of Planning & Building stated that there is no effect on Indian Land; but
it is a complicated project, and that the overlap does not include land ownership
issues.
Mayor stated that the goal was to have all on board; that the goal was to be
proactive and to form an alliance to reach the proposed goal.
Director of Planning & Building stated that contact was made to all with the offer
to join in the endeavor; that most did participate, but not all.
Minute Order 7082 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Mills, and unanimously carried, that MO7082 be
adopted.
Council Minutes
05-15-02, Page 12
31. 2002-03 CDBG BUDGET AND ANNUAL PLAN AMENDMENT
J.C. FREY-JAYCEES COMMUNITY BUILDING LEASE
Recommendation: That the Council allocate $86,380 of CBDG Program funds;
revise the consolidated plan annual plan update; terminate A0280 with the Palm
Springs Jaycees; and approve a lease with Well in the Desert for the use of the
Dr. R.G. Frey-Jaycee building located 1911 East Baristo Road. A4499.
Community & Economic Development Director reviewed the staff report; and
added that the issue is an emotional one; that various approaches were tried to
address the issue; that this is the best alternative that can be agreed upon; that
there will be requirements set in place; that one is "no on site cooking"; that the
projected budget is approximately $141,000; that the draft lease is not yet
proposed; that the amount of usage by the group should be 10:30 to 1:30 p.m.,
three days a week; that there are problems that will arise; that those incidents
will need to be addressed; that it is the goal to address the issue to have the
feeding program in a building, rather than out in the elements.
Councilmember Oden stated that many participated in the Task Force and
appreciation is extended; that this problem is not limited to a geographical
segment in the Community, but is all over the City; that the concerns of the
Library are heard; that criminals will be dealt with; that now is the time for the
City to take some responsibility for the solution to this problem; that the solution
is temporary; that once the permanent location is finished on Sunrise and
Avenida Caballeros, the program will move to that location; and that for now, this
is the solution available.
Councilmember Mills concurred with Councilmember Oden and added that the
findings should include the ability for the City Manager to negotiate a lease with
Well of the Desert; that an Ad Hoc Committee could be formed to address the
lease issues and the neighborhood issues as well.
Councilmember Hodges stated that if the City Manager is given only the
authority to negotiate the lease, and no authority to execute the lease, the
problem could continue for months; that the negotiations should not take more
than three days; that the facility needs to be cleaned, and that full authority
should be given to the City Manager to timely negotiate and execute the lease.
Councilmember Oden stated that whatever lease the group is asked to sign, the
question that needs to be addressed is whether all non-profits should sign the
same lease.
Councilmember Mills stated that the City Manager does need the authority to
negotiate and execute the lease, and that there should be some opportunity to
allow input from the neighboring property owners.
Councilmember Hodges stated that the issues will be the same as they were for
each and every location that has been proposed; that during the last election
campaign, it was one of her promises to address the issue and to support this
very location for Dr. McKinney; that there are many seniors at Ramon Park that
participate in the program; and that the negotiation need not take six months, but
should be completed, no later than the end of June.
Council Minutes
05-15-02, Page 13
Councilmember Oden stated that reports should be given to the Council
regarding the progress of the matter.
Director of Community and Economic Development stated that it will take some
time to rehab the building before it can be fully occupied; but that there is cash
available for the renovations, which will speed the process.
Councilmember Hodges questioned the use of the building during the
renovation.
Director of Community & Economic Development stated that the building can be
and is useable; and that the term of the lease should be between 2 — 3 years,
and that after that time the permanent facility should be in place.
Councilmember Hodges requested the building be ready by June 10 for use by
Well in the Desert.
City Manager stated that there might be some time needed to get all the
stakeholders together and to allow the City Attorney time to negotiate the lease,
but that the target deadline would be the goal.
Mayor stated that when the program was in place on Indian Avenue, there was
not a permit issued due to the outcry of the neighbors; and questioned if the use
is permitted in a designated park area.
Director of Planning & Building stated that typically a C.U.P. Type II is needed to
allow this type of use; that the permit would need to be issued to be consistent
with procedures of the City.
Mayor questioned the authority of the Council to take action at this time.
Councilmember Reller-Spurgin stated that the program has been using the open
adjacent park for the past year; that the building proposed is used by groups and
for weddings, and questioned the difference.
Mayor stated that the use in the park was hard pressed; and that there was no
authority or action taken by the Council for the program to be in the park.
Councilmember Oden commented that the park use was temporary.
Director of Community & Economic Development stated that the building was
.built in the 60's for assembly use; that it has been used with the kitchen facilities
since that time; that the issue is leasing the facility for a dedicated use for a
specific length of time that is resulting in the triggering of the zoning concern.
Director of Planning & Building stated that as the governing body, the Council
could adopt a resolution with findings to allow the use.
Councilmember Hodges questioned the leaseholder and the difference between
that Club and the proposed use.
Director of Community & Economic Development stated that the Jaycees do
have the exclusive right to a portion of the building; that the group is no longer
Council Minutes
05-15-02, Page 14
functioning; that there have been thousands of meals and events held in the
building over its life; that basically the activity is the same; that the lease could be
non-exclusive; that the lease could be structured as a use agreement rather than
a lease; and that with that vehicle, the concerns of use could be alleviated.
Councilmember Mills stated that the use agreement could be designed to include
the subcommittee for the negotiations.
Resolutions 20330 and 20331 as recommended were presented to include the
addition of a subcommittee; after which, it was moved by Oden, seconded by
Hodges, and carried by the following vote that R20330 and 20331 be adopted.
AYES: Members Hodges, Mills, Oden and Reller-Spurgin
NO: Mayor Kleindienst
ABSENT: None.
32. MC CORMACK BARON SALAZAR ACCESS AGREEMENT
Recommendation: That the Council approve an access agreement with
McCormack Baron Salazar on a 53,578 square foot city-owned parcel for the
purpose of designing an affordable housing and community services facility.
A4506.
Director of Community & Economic Development reviewed the staff report.
Councilmember Hodges requested clarification on area limits for conflict of
interest.
City Attorney stated that the rules have changed in that if one resides within 500
feet there is conflict, otherwise participation in the item is allowed.
Resolution 20346 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that 20346 be
adopted.
ADDITIONAL LEGISLATIVE ITEMS:
33. DOWNTOWN SECURITY CAMERA SYSTEM
Recommendation: That the Council amend its award to DA Pacific for CCTV
equipment for the downtown camera system for$38,940.23. IFB 01-21.
Acting Police Chief stated that the amendment to the award would allow the
filming to be in real time as opposed to the slower herky-jerky method which
denies the ability to use the film in court; and that the funds are covered through
grants.
Councilmember Hodges questioned why the Council was not informed that the
technology in the beginning was not suitable, and inadmissible in court.
Council Minutes
05-15-02, Page 15
Acting Police Chief stated that the proposed is new technology.
Councilmember Oden stated opposition to the project.
Minute Order 7083 as recommended was presented; after which, it was moved
by Mills, seconded by Reller-Spurgin and carried by the following vote, that
MO7083 be adopted.
AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst
NO: Members Hodges and Oden
ABSENT: None.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
34. CVAG Human & Community Resource designee appointment — Hodges
designee
35. ]CRAM substitute alternative appointment
Resolution 20347 as recommended was presented; after which, it was mobbed
by Oden, seconded by Reller-Spurgin and unanimously carried, that R20347 be
adopted.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk